I have a fiance who is a UK citizen. We would get a fiance visa, but we would rather wait a little longer to get married if we can. He has bachelors degrees in Math and Computer Science, and my father is the head of Human Resources at a company who wants to hire him for a database administrator. We thought we couldn't go the route of a work visa because the company couldn't prove they couldn't hire a US citizen to do the same job. Now, I am hearing that the company doesn't have to prove that with an H-1 visa. Is this true - and can you tell me anything else that could help about an H-1 visa?
2006-07-07 04:16:17 · 5 answers · asked by chi bebe 3 in Politics & Government ➔ Immigration
The best route is to marry him, because depending on the state that you live in he could take him anywhere from 9 months to 2 years to get his status change to permanent resident. He would get his EAD (work card) within 9months. The H-1 visa will allow him to live and work here, however he would have to work with the same employer for 10 years before receiving permanent resident status. If he lost his job for any reason, he would be required by law to leave the country and return home. In 10 years alot can happen, you two might be able to buy a home by then and start a family. If you decide to marry him, rather then apply for an adjustment of status well then it will cost you less in the long run. Currently the filing fee for adjustment of status is $325 for that one application, this is in 2006. Every few years the filing fees increase at a rate of 60 to 80 dollars and in 10 years he will be paying a lot more than he would have had he decided to go ahead with the process now. Finally, do you really want to wait that long, the government might also change it's immigration laws making it more difficult to get resident status through marriage. You never know how the laws are going to change or how it is going to affect you. Think about it......I hope I was helpful.
2006-07-07 06:19:56 · answer #1 · answered by ? 5 · 3⤊ 2⤋
You have to prove that you cannot hire a US citizen to do the same job only if you are trying to get a green card (permanent residency, not working visa) through employment route. I was dealing with the same thing. I had a student visa and then I got an H1B working visa. At first, my employer told me that they would sponsor me to get a green card through employment route. But then 4 years later, I met my wife; so, they decided to do it through marriage route. I was double-majoring in math and computer science in university too, how interesting?!
Anyway, for H1B visa, the employer needs to fill out some forms and pay the fees, and also provide the minimum salary set by the INS for the position that your fiance is going to take. This is done to prevent cheap labor. The US government wants to protect the American workers too; they don't want people to hire a foreigner and then pay him/her a super low salary. This minimum salary that is set by the INS varies from position to position and from location to location. In other words, the minimum salary for being a database administrator is different from that for being a software programmer. And also, the minimum salary for being a database administrator in Atlanta, GA is different from that for being a database administrator in New York City, NY. You need to check with the INS to find out what the minimum salary is in your fiance's case. H1B visa is first granted for 3 years and then you can extend it for ONLY 1 time, which will last for another 3 years. So, altogether, it will last for 6 years. In these 6 years, this working visa holder MUST work full-time for the employer who sponsor him/her to get this working visa. And also, this working visa holder CANNOT have any other jobs that pay him money. The working visa holder can work voluntarily but he/she cannot get paid for the jobs. Yes, the working visa holder can get paid "under the table" but that is illegal.
2006-07-07 04:40:53 · answer #2 · answered by knitting guy 6 · 0⤊ 0⤋
From my personal experience go with the K-1. It is much faster to be processed and easier. If you get married it would be the K-3 visa which takes several months longer to process. K-1 is 3 to 6 months. K-3 is 9 to 14 months.
2006-07-07 04:33:44 · answer #3 · answered by harryt62 4 · 0⤊ 0⤋
I don't know if you have looked at the INS site, here is a link that should give you all you need to know. Good luck, it is hard and takes a while to get through the red tape but it can be done.
2006-07-07 04:24:25 · answer #4 · answered by Eric B 1 · 0⤊ 0⤋
go to www.uscis.gov.....that about sums up everything on all kinds of visas to the US. very helpful link
2006-07-07 04:20:42 · answer #5 · answered by Anonymous · 0⤊ 0⤋